Candidate uses external resources during an Oral Language Assessment

The public service must protect the integrity of its appointment processes. Merit‑based staffing requires candidates to meet all qualifications, including official language proficiency. Getting help or using resources that aren’t allowed during second language tests can be considered fraud and result in serious consequences. 

Such actions weaken fairness and trust in the system. Following test rules preserves the federal public service’s professional reputation and its integrity.

Authority

This investigation was conducted under section 69 of the Public Service Employment Act, (S.C. 2003, c.22, ss. 12, 13).

Issue

This investigation aimed to determine if a public servant committed fraud in an internal non-advertised appointment process by obtaining help or using printed or electronic resources for a second language test of oral proficiency.

Conclusion

The investigation concluded that the candidate committed fraud by using external resources contrary to instructions during a second language test.

Facts

The investigation request was submitted following concerns raised by a language assessor that during an assessment the candidate had exhibited behaviours that raised the possibility of cheating.

During the investigation, the candidate denied having obtained any help or using any external resources during the test. They explained that they consulted a variety of resources to prepare and memorized sentences and grammar structures. They were adamant that they did not use any documents, read from any notes or have anything on their screen.

The language assessor’s observations were reviewed and validated by other internal stakeholders. The investigator also independently confirmed the reported behaviours.

The candidate provided an explanation for each of the observed behaviours. However, when considered together, these explanations were deemed unlikely and not credible. The evidence showed, on the balance of probabilities, that the candidate’s second linguistic performance during the assessment was not authentic and that they used external resources for assistance.

According to the evidence, the candidate knew they weren’t allowed to use resources or tools and acted dishonestly by knowingly using them, contrary to the instructions. The candidate also knew their actions could compromise the appointment process by misrepresenting their actual second language proficiency and creating a risk that the appointment decision relied on inaccurate information. This could have resulted in the appointment being offered to them instead of to another qualified candidate.

Corrective actions

Following the findings of fraud, the Commission ordered the following:

• for a period of one year, the person must notify the Public Service Commission of Canada before accepting any position or employment in the federal public service
  • failure to do so will result in the revocation of the appointment

• they must complete the Values and Ethics Foundations for Employees course offered by the Canada School of Public Service, and then have a discussion with their manager
  • failure to do so will result in the revocation of the appointment
     
• for a period of one year, if the person completes the Oral Language Assessment, they must meet the condition of in-person supervised testing
  • failure to do so will result in the invalidation of the result and, if the person is appointed without meeting the in-person condition, the appointment will be revoked

File Number: 26-27-01